Beers Ex Rel. Platenius v. Arkansas, 20 How. 527 (1858). · Go Syfert
Beers Ex Rel. Platenius v. Arkansas, 20 How. 527 (1858). Cases Citing This Book View Copy Cite
444 citation events (181 in the last 25 years) across 82 distinct courts.
Strongest positive: The State of Texas and Kyle Madsen in His Official Capacity as Director of Right of Way v. Jrj Pusok Holdings, LLC (tex, 2026-06-12)
Treatment trajectory · 1900 → 2026 · click a year to view as-of
1900 1963 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) The State of Texas and Kyle Madsen in His Official Capacity as Director of Right of Way v. Jrj Pusok Holdings, LLC (2×) also: Cited "see, e.g."
Tex. · 2026 · quote attribution · 1 verbatim quote · confidence high
it is inherent in the nature of a state's sovereignty not to be amenable to the suit of an individual without its consent.
discussed Cited as authority (verbatim quote) Dilu M. Subba, as Next Friend of S.S., a minor, and Dilu M. Subba and Suk R. Subba as Natural Parents of S.S., individually v. United States of America
E.D. Mo. · 2026 · signal: accord · quote attribution · 1 verbatim quote · confidence high
as this permission is altogether voluntary on the part of the sovereignty, it follows that it may prescribe the terms and conditions on which it consents to be sued . . . .
examined Cited as authority (verbatim quote) United States v. Tohono O’odham Nation (2×)
SCOTUS · 2011 · signal: see · quote attribution · 2 verbatim quotes · confidence high
as this permission is altogether voluntary on the part of the sovereignty, it follows that it may prescribe the terms and conditions on which it consents to be sued, and the man ner in which the suit shall be conducted
examined Cited as authority (verbatim quote) Alden v. Maine (2×)
SCOTUS · 1999 · signal: see, e.g. · quote attribution · 2 verbatim quotes · confidence high
it is an established principle of jurisprudence in all civilized nations that the sovereign cannot be sued in its own courts, or in any other, without its consent and permission
examined Cited as authority (quoted) John Montin v. Y. Moore (3×)
8th Cir. · 2017 · signal: see · quote attribution · 3 verbatim quotes · confidence high
as this permission is altogether voluntary on the part of the sovereignty, it follows that it may prescribe the terms and conditions on which it consents to be sued, and the manner in which the suit shall be conducted.
examined Cited as authority (quoted) Fulmer v. State, Department of Wildlife & Fisheries (4×)
La. Ct. App. · 2010 · quote attribution · 4 verbatim quotes · confidence low
it is an established principle of jurisprudence in all civilized nations that the sovereign cannot be sued in its own courts, or in any other, without its consent and permission
examined Cited as authority (quoted) American Indian Agricultural Credit Consortium, Inc. v. Standing Rock Sioux Tribe (2×)
8th Cir. · 1985 · quote attribution · 2 verbatim quotes · confidence low
as this permission is altogether voluntary on the part of the sovereignty, it follows that it may prescribe the terms and conditions on which it consents to be sued, and the manner in which the suit shall be conducted .
examined Cited as authority (quoted) American Indian Agricultural Credit Consortium, Inc. v. Standing Rock Sioux Tribe (2×)
8th Cir. · 1985 · quote attribution · 2 verbatim quotes · confidence low
as this permission is altogether voluntary on the part of the sovereignty, it follows that it may prescribe the terms and conditions on which it consents to be sued, and the manner in which the suit shall be conducted .
cited Cited as authority (rule) Adil Shekh v. United States Postal Service
D. Neb. · 2026 · confidence medium
Mader v. United States, 654 U.S. 794 , 797 (citing Beers v. State, 61 U.S. 527, 529 (1857).
discussed Cited as authority (rule) Vincent v. United States
M.D. Fla. · 2025 · confidence medium
Congress, however, may “waive the United States’s sovereign immunity and ‘prescribe the terms and conditions on which [the government] consents to be sued,’” as well as “‘the manner in which the suit shall be conducted.’” Mader v. United States, 654 F.3d 794, 797 (8th Cir. 2011) (en banc) (quoting Beers v. State, 61 U.S. (20 How.) 527, 529 (1857)).
discussed Cited as authority (rule) Non-Party Texas Alcoholic Beverage Commission v. Ashley Dominguez, Orlando Hayward and Reyna Hayward, Individually and as Representatives of the Estate of Niguel Hayward, Eduardo Moreno, Kelly Ray Wren, and Draggin Tools Trucking, LLC
Tex. App. · 2025 · confidence medium
To begin, the historic origins of sovereign immunity can be summed as “It is an established principle of jurisprudence in all civilized nations that the sovereign cannot be sued in its own courts, or in any other, without its consent and permission; but it may, if it thinks proper, waive this privilege, and permit itself to be made a defendant in a suit by individuals, or by another State.” Beers v. State, 61 U.S. 527, 529 (1857).
discussed Cited as authority (rule) Jankowski v. United States Army
D. Neb. · 2024 · confidence medium
“If Congress so chooses, however, it may waive the United States’s sovereign immunity and ‘prescribe the terms and conditions on which [the United States] consents to be sued, and the manner in which the suit shall be conducted.’” Id. (quoting Beers v. State, 61 U.S. (20 How.) 527, 529 (1857)).
discussed Cited as authority (rule) Jankowski v. Central Intelligence Agency
D. Neb. · 2024 · confidence medium
“If Congress so chooses, however, it may waive the United States’s sovereign immunity and ‘prescribe the terms and conditions on which [the United States] consents to be sued, and the manner in which the suit shall be conducted.’” Id. (quoting Beers v. State, 61 U.S. (20 How.) 527, 529 (1857)).
discussed Cited as authority (rule) Thlopthlocco Tribal Town v. Stidham (2×) also: Cited "see, e.g."
N.D. Okla. · 2023 · confidence medium
Iowa Tribe of Kansas & Nebraska v. Salazar [(“Iowa Tribe”)], 607 F.3d 1225 , 1233‒34 (10th Cir. 2010) (a “sovereign . . . may prescribe the terms and conditions on which it consents to be sued, . . . the manner in which the suit shall be conducted, and may withdraw its consent whenever it may suppose that justice to the public requires it”); Beers v. Arkansas, 61 U.S. 527, 529 (1857).
discussed Cited as authority (rule) Burnett v. United States Department of Justice
E.D. Mo. · 2023 · confidence medium
However, Congress may pass legislation that waives the United States’s sovereign immunity and “prescribe[s] the terms and conditions on which the [United States] consents to be sued, and the manner in which the suit shall be conducted.” Id. (quoting Beers v. Arkansas, 61 U.S. 527, 529 (1857)).
discussed Cited as authority (rule) LaDeaux v. United States
D.S.D. · 2023 · confidence medium
Congress can waive the United States’ sovereign immunity, and “prescribe the terms and conditions on which [the United States] consents to be sued, and the manner in which the suit shall be conducted.” Mader v. United States, 654 F.3d 794, 797 (8th Cir. 2011) (alteration in original) (quoting Beers v. State, 61 U.S. (20 How.) 527, 529 (1857)).
discussed Cited as authority (rule) Springboards v. McAllen Indep School
5th Cir. · 2023 · confidence medium
Coolbaugh v. Commonwealth, 4 Yeates 493 (Pa. 1808) (finding it “a settled principle, that no sovereign power [is] amenable to suits either in its own courts, or those of a foreign country, unless by its own consent”); Beers v. Arkansas, 61 U.S. (20 How.) 527, 529 (1857) (applying the “established principle of jurisprudence in all civilized nations that the sovereign cannot be sued in its own courts, or in any other, without its consent and permission” in a suit against a State in its own court); The Siren, 74 U.S. (7 Wall.) 152 , 153–54 (1868) (“It is a familiar doctrine of the com…
discussed Cited as authority (rule) Springboards v. IDEA Public Schools
5th Cir. · 2023 · confidence medium
Coolbaugh v. Commonwealth, 4 Yeates 493 (Pa. 1808) (finding it “a settled principle, that no sovereign power [is] amenable to suits either in its own courts, or those of a foreign country, unless by its own consent”); Beers v. Arkansas, 61 U.S. (20 How.) 527, 529 (1857) (applying the “established principle of jurisprudence in all civilized nations that the sovereign cannot be sued in its own courts, or in any other, without its consent and permission” in a suit against a State in its own court); The Siren, 74 U.S. (7 Wall.) 152 , 153–54 (1868) (“It is a familiar doctrine of the com…
discussed Cited as authority (rule) United States v. Canyon Del Buey, LLC
D.N.M. · 2021 · confidence medium
“It is an established principle of jurisprudence in all civilized nations that the sovereign cannot be sued in its own courts, or in any other, without its consent and permission.” Alden v. Maine, 527 U.S. 706, 745 (1999) (quoting Beers v. Arkansas, 61 U.S. 527, 529 (1858)).
discussed Cited as authority (rule) Unsuck Dc Metro v. Washington Metropolitan Area Transit Authority
D.D.C. · 2021 · confidence medium
See Memorandum Opinion of May 21, 2020 at 6–7, ECF No. 13; Beers v. State, 61 U.S. 527, 529 (1857) (holding sovereign immunity “is altogether voluntary on the part of the sovereignty” such that “it follows that [the sovereign] may prescribe the terms and conditions on which it consents to be sued, and the manner in which the suit shall be conducted[.]”); see also Caleb Nelson, 7 WMATA has, of course, repeatedly and knowingly declined to argue that Plaintiff lacks a cause of action to pursue its PARP claims.
discussed Cited as authority (rule) Bridges v. United States
D. Or. · 2021 · confidence medium
“If Congress so chooses, however, it may waive the United States’ sovereign immunity and ‘prescribe the terms and conditions on which [the United States] consents to be sued, and the manner in which the suit shall be conducted.”’ Beers v. State, 61 U.S. 527, 529 (1857).
discussed Cited as authority (rule) Trottier v. United States of America
D.N.D. · 2021 · confidence medium
Congress “may waive the United States’s sovereign immunity and ‘prescribe the terms and conditions on which [the United States] consents to be sued, and the manner in which the suit shall be conducted.’” Id. (quoting Beers v. State, 61 U.S. 527, 529 (1857)).
discussed Cited as authority (rule) Thiessen v. Irwin
D.N.M. · 2021 · confidence medium
Quiet Title Act’s Waiver of Sovereign Immunity “It is an established principle of jurisprudence in all civilized nations that the sovereign cannot be sued in its own courts, or in any other, without its consent and permission.” Alden v. Maine, 527 U.S. 706, 745 (1999) (quoting Beers v. Arkansas, 61 U.S. 527, 529 (1858)).
discussed Cited as authority (rule) In re Internet Lending Cases
Cal. Ct. App. · 2020 · confidence medium
(Iowa Tribe, supra, 607 F.3d at p. 1234 , citing Beers v. State of Arkansas (1857) 61 U.S. 527, 529 (Beers).) In Beers, the plaintiff sued the State of Arkansas in Arkansas state court to collect interest due on state bonds.
discussed Cited as authority (rule) Howard v. Cox
D. Nev. · 2020 · confidence medium
Each of the defendants is an employee of the Nevada Department of 15 Corrections—a state agency—so Howard’s official-capacity damages request is “no different 16 17 21 ECF No. 26 at 5. 18 22 Will v. Michigan Dep’t of State Police, 491 U.S. 58, 71 (1989). 19 23 Id. (internal citations omitted). 24 Id. at 67 (“It is an ‘established principle of jurisprudence’ that the sovereign cannot be sued in 20 its own courts without its consent.”) (quoting Beers v. Arkansas, 61 U.S. 527, 529 (1858)); Repass v. Clark Cty.
discussed Cited as authority (rule) Pasaye v. State of Nevada, ex rel
D. Nev. · 2020 · confidence medium
The 18 19 44 Will v. Michigan Dep’t of State Police, 491 U.S. 58, 71 (1989). 20 45 Id.(internal citations omitted). 21 46 Id. at 67 (“It is an ‘established principle of jurisprudence’ that the sovereign cannot be sued in its own courts without its consent.”) (quoting Beers v. Arkansas, 61 U.S. 527, 529 (1858)). 22 47 ECF No. 57. 23 48 42 U.S.C § 2000cc-2 49 Id. at §2000cc-5(4). 1 Court explained in Sossamon v. Texas50 that astate’s acceptance of federal funds does not 2 constitute a waiver of their sovereign immunity to suits for money damages in RLUIPA cases:51 3 “RLUIPA’s a…
discussed Cited as authority (rule) Flute v. United States
D.S.D. · 2019 · confidence medium
Congress has © the ability to waive the United States’ sovereign immunity, and “prescribe the terms and conditions on which [the United States] consents to be sued, and the manner in which the suit shall be conducted.” Mader v. United States, 654 F.3d 794, 797 (8th Cir. 201 1) (quoting Beers v. Arkansas, 61 U.S. 527, 529 (1857)).
discussed Cited as authority (rule) Delaware Riverkeeper Network v. Secretary Pennsylvania Departm
3rd Cir. · 2017 · confidence medium
Bank, 527 U.S. at 675 (citing Beers v. Arkansas, 61 U.S. 527, 529 (1857)). 53 MCI, 271 F.3d at 506 . 54 482 F.3d 79 (2d Cir. 2006). 55 Islander, 482 F.3d at 90 . 26 through inherent state authority. 56 A state may refuse the grant of authority: under the Clean Water Act, a state’s non- participation in water quality regulation returns authority to the EPA.
cited Cited as authority (rule) Wallace L. Hall, Jr., in His Official Capacity as a Regent for the University of Texas System v. William H. McRaven, in His Official Capacity as Chancellor for the University of Texas System
Tex. · 2017 · confidence medium
Sovereign immunity is “an established principle of jurisprudence in all civilized nations.” Beers v. Arkansas, 61 U.S. 527, 529 (1857).
discussed Cited as authority (rule) Dr. Behzad Nazari, D.D.S. D/B/A Antoine Dental Center Dr. Behzad Nazari Harlingen Family Dentistry, P.C. A/K/A Practical Business Solutions, Series LLC Juan D. Villarreal D.D.S., Series PLLC D/B/A Harlingen Family Dentistry Group v. State
Tex. App. · 2015 · confidence medium
Sovereign immunity is “an established principle of jurisprudence in all civilized nations,” Beers v. Arkansas, 61 U.S. (20 How.) 527, 529 (1857), and it was specifically emphasized by the framers of the United States Con- stitution, Wichita Falls State Hosp., 106 S.W.3d at 694–95.
discussed Cited as authority (rule) Harris County Flood Control District and Harris County, Texas v. Edward A. and Norma Kerr
Tex. · 2015 · confidence medium
As noted above, Plaintiffs also sued municipal utility districts and private developers. 53 W e have noted that sovereign immunity is “inherent in the nature of sovereignty” and “an established principle of jurisprudence in all civilized nations.” Wichita Falls State Hosp. v. Taylor, 106 S.W .3d 692, 695 (Tex. 2003) (quoting T H E F ED ERALIST No. 81, at 487 (Alexander Hamilton) (Clinton Rossiter ed., 1961) and Beers v. Arkansas, 61 U.S. 527, 529 (1857)).
discussed Cited as authority (rule) Harris County Flood Control District v. Kerr, Edward A. and Normal
Tex. App. · 2015 · confidence medium
As noted above, Plaintiffs also sued municipal utility districts and private developers. 53 W e have noted that sovereign immunity is “inherent in the nature of sovereignty” and “an established principle of jurisprudence in all civilized nations.” Wichita Falls State Hosp. v. Taylor, 106 S.W .3d 692, 695 (Tex. 2003) (quoting T H E F ED ERALIST No. 81, at 487 (Alexander Hamilton) (Clinton Rossiter ed., 1961) and Beers v. Arkansas, 61 U.S. 527, 529 (1857)).
discussed Cited as authority (rule) Mackinac Tribe v. Jewell
D.D.C. · 2015 · confidence medium
Notably, sovereign immunity is a privilege, not an imperative; therefore, Congress “may, if it thinks proper, waive this privilege, and permit [the United States] to be made a defendant in a suit by individuals, or by another State.” Beers v. State, 61 U.S. at 529 (emphasis added).
discussed Cited as authority (rule) Ministerio Roca Solida v. United States
Fed. Cir. · 2015 · confidence medium
MINISTERIO ROCA SOLIDA v. US 7 as a general matter, it is the sovereign’s prerogative to “prescribe the terms and conditions on which it consents to be sued, and the manner in which the suit shall be conducted,” Beers v. Arkansas, 20 How. 527, 529 (1858), the Fifth Amendment’s Takings Clause has long been treated as guaranteeing a just-compensation remedy, not just an underlying right.
discussed Cited as authority (rule) Robertson v. Western Virginia Water Authority
Roanoke County Cir. Ct. · 2011 · confidence medium
“It is an established principle of jurisprudence in all civilized nations that the sovereign [State] cannot be sued in its own courts . . . without its consent and permission.” Beers v. Arkansas, 61 U.S. (20 How.) 527, 529 (1858), quoted with approval in Alden, 527 U.S. at 745 ; Gray v. Virginia Sec’y of Transp., 276 Va. 93, 101 , 662 S.E.2d 66, 70 (2008) (same) (quoting Board of Public Works v. Gannt, 76 Va. 455, 461 (1882), which used the quoted language from Beers without attribution, adding the bracketed word “State”). “[T]he doctrine of sovereign immunity is ‘alive and well�…
discussed Cited as authority (rule) Lawrence v. Barona Valley Ranch Resort & Casino
Cal. Ct. App. · 2007 · confidence medium
Rock Sioux Tribe (8th Cir. 1985) 780 F.2d 1374 , 1378, quoting Beers v. State of Arkansas (1857) 61 U.S. 527, 529 [ 15 L.Ed. 991 ].) Thus, in Campo, we concluded that although the tribe waived its sovereign immunity relating to certain patron claims, its waiver did not constitute a consent to suit in state court on those claims; rather, those claims had to be resolved in the forum specified in the tribe’s tort claims ordinance (i.e., arbitration).
discussed Cited as authority (rule) Campo Band of Mission Indians v. Superior Court
Cal. Ct. App. · 2006 · confidence medium
Rock Sioux Tribe (8th Cir. 1985) 780 F.2d 1374 , 1378, quoting Beers v. State of Arkansas (1857) 61 U.S. 527, 529 [ 15 L.Ed. 991 ].) Here, although the Tribe waived its sovereign immunity relating to certain patron claims, regulation 004 establishes arbitration as the forum in which those claims are to be resolved.
discussed Cited as authority (rule) Bell Atlantic v. MCI
4th Cir. · 2002 · confidence medium
These principles follow from the deeply rooted stricture that the decision to waive sovereign immunity must be "altogether voluntary on the part of the sovereignty." Beers v. Arkansas, 61 U.S. (20 How.) 527, 529 (1858).
discussed Cited as authority (rule) Arecibo Community Health Care, Inc. v. Commonwealth Of Puerto Rico
1st Cir. · 2001 · confidence medium
"The decision to waive that immunity, however, 'is altogether voluntary on the part of the sovereignty.'" College Savings, 527 U.S. at 675 (quoting Beers v. Arkansas, 61 U.S. (20 How.) 527, 529 (1858)).
cited Cited as authority (rule) MO River Services v. Omaha Tribe of NE
8th Cir. · 2001 · confidence medium
Credit Consortium, Inc. v. Standing Rock Sioux Tribe, 780 F.2d 1374 , 1378 (8th Cir. 1985) (quoting Beers v. Arkansas, 61 U.S. 527, 529 (1857)).
discussed Cited as authority (rule) Bell Atlantic Maryland, Incorporated v. MCI Worldcom, Incorporated American Communications Services of Maryland, Incorporated Rcn Telecom Services of Maryland, Incorporated Starpower Communications, LLC Tcg Maryland McImetro Access Transmission Services, Incorporated the Public Service Commission of Maryland Glenn F. Ivey, in His Official Capacity as Chairman of the Public Service Commission of Maryland Claude M. Ligon, in His Official Capacity as Commissioner of the Public Service Commission of Maryland E. Mason Hendrickson, in His Official Capacity as Commissioner of the Public Service Commission of Maryland Susan Brogan, in Her Official Capacity as Commissioner of the Public Service Commission of Maryland Catherine I. Riley, in Her Official Capacity as Commissioner of the Public Service Commission of Maryland, United States of America, Intervenor/defendant-Appellee, Maryland Office of People's Counsel, Bell Atlantic Maryland, Incorporated, and United States of America, Intervenor v. The Public Service Commission of Maryland Glenn F. Ivey, in His Official Capacity as Chairman of the Public Service Commission of Maryland Claude M. Ligon, in His Official Capacity as Commissioner of the Public Service Commission of Maryland E. Mason Hendrickson, in His Official Capacity as Commissioner of the Public Service Commission of Maryland Susan Brogan, in Her Official Capacity as Commissioner of the Public Service Commission of Maryland Catherine I. Riley, in Her Official Capacity as Commissioner of the Public Service Commission of Maryland, and American Communications Services of Maryland, Incorporated Rcn Telecom Services of Maryland, Incorporated Starpower Communications, LLC Tcgmaryland McImetro Access Transmission Services, Incorporated Maryland Office of People's Counsel MCI Worldcom, Incorporated
4th Cir. · 2001 · confidence medium
These principles follow from the deeply rooted stricture that the decision to waive sovereign immunity must be "altogether voluntary on the part of the sovereignty." Beers v. Arkansas, 61 U.S. (20 How.) 527, 529 (1857). 33 In College Savings Bank, the Court distinguished a Parden-style, constructive waiver from circumstances in which a State may implicitly waive its sovereign immunity by accepting from Congress a "gift" or a "gratuity," the receipt of which is made conditional on the State's waiver of immunity.
examined Cited as authority (rule) At&T Communications v. BellSouth Telecommunications Inc. (3×) also: Cited "see"
5th Cir. · 2001 · confidence medium
"The decision to waive that immunity, however, 'is altogether voluntary on the part of the sovereignty.'" Id. (quoting Beers v. Arkansas, 61 U.S. 527, 529 (1857)).
discussed Cited as authority (rule) Raygor v. Regents of the University of Minnesota (2×)
SCOTUS · 2000 · confidence medium
Moreover, with respect to suits against a state sovereign in its own courts, we have explained that a State “may prescribe the terms and conditions on which it consents to be sued,” Beers v. Arkansas, 20 How. 527, 529 (1858), and that “[o]nly the sovereign’s own consent could qualify the absolute character of [its] immunity” from suit in its own courts, Nevada v. Hall, 440 U. S. 410, 414 (1979).
discussed Cited as authority (rule) College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board (2×)
SCOTUS · 1999 · confidence medium
The decision to waive that immunity, however, “is altogether voluntary on the part of the sovereignty.” Beers v. Arkansas, 20 How. 527, 529 (1858).
discussed Cited as authority (rule) Seminole Tribe of Florida v. Florida (2×)
SCOTUS · 1996 · confidence medium
That decision found its roots not solely in the common law of England, but in the much more fundamental “ ‘jurisprudence in all civilized nations.’” Hans, 134 U. S., at 17 , quoting Beers v. Arkansas, 20 How. 527, 529 (1858); see also The Federalist No. 81, p. 487 (C.
discussed Cited as authority (rule) Will v. Michigan Department of State Police (2×)
SCOTUS · 1989 · confidence medium
Beers v. Arkansas, 20 How. 527, 529 (1858).
discussed Cited as authority (rule) Kristensen v. Strinden
N.D. · 1983 · confidence medium
Co., 109 U.S. 446, 451 , 3 S.Ct. 292 , 296, 27 L.Ed. 992 , 994 (1883) [“[N]either a State nor the United States can be sued as defendant in any court in this country without their consent”]; Beers v. State of Arkansas, 61 U.S. (20 How.) 527, 529 , 15 L.Ed. 991, 992 (1857) [“It is an established principle of jurisprudence in all civilized nations that the sovereign cannot be sued in its own courts, or in any other, without its consent and permission”].
discussed Cited as authority (rule) Teachy v. Coble Dairies, Inc.
unknown court · 1982 · confidence medium
The perceived pervasiveness of the principle is evidenced by the repeated characterization of sovereign immunity as “an established principle of jurisprudence in all civilized nations.” Beers v. Arkansas, 61 U.S. (20 How.) 527, 529 , 15 L.E. 991, 992 (1857), quoted in Carpenter v. Railroad, 184 N.C. 400 , 402, 114 S.E. 693, 694 (1922).
discussed Cited as authority (rule) Nevada v. Hall (2×)
SCOTUS · 1979 · confidence medium
In Beers v. Arkansas, 20 How. 527, 529 (1858), Mr. Chief Justice Taney observed in an opinion for the Court that it “is an established principle of jurisprudence in all civilized nations that the sovereign cannot be sued in its own courts, or in any other, without its consent and permission.” Some 25 years later Mr. Justice Miller, again for the Court, was even more explicit: “It may be accepted as a point of departure unquestioned, that neither a State nor the United States can be sued as defendant in any court in this country without their consent/ except in the limited class of cases …
discussed Cited as authority (rule) Musgrove v. Georgia Railroad & Banking Co.
Ga. · 1948 · confidence medium
In Beers v. Arkansas, 61 U. S. 527, 529 (15 L. ed. 991), it was said: “It is an established principle of jurisprudence in all civilized nations that the sovereign can not be sued in its own courts, or in any other, without its consent and permission; but it may, if it thinks proper, waive this privilege, and permit itself to be made a defendant in a suit by individuals, or another State.
Retrieving the full opinion text from the archive…
Joseph D. Beers, Use of William A. Platenius, as Administrator of James Holford, Deceased, Plaintiff in Error,
v.
the State of Arkansas; William A. Platenius, Administrator of James Holford, Deceased, Plaintiff in Error, v. the State of Arkansas; William A. Platenius, Administrator of James Holford, Deceased, Plaintiff in Error, v. the State of Arkansas
Supreme Court of the United States.
May 14, 1858.
20 How. 527
1857 U.S. LEXIS 480
It was argued by Mr. Pike for the plaintiff in error, and by Mr. Hempstead for the defendant.
Taney.
Cited by 244 opinions  |  Published
3 passages pin-cited by 4 cases
Pinpoint authority: #12,220 of 633,719
Citer courts: Eighth Circuit (7) · Louisiana Court of Appeal (4)
Mr. Chief Justice TANEY

delivered the opinion of the court.

This was an action of covenant, brought in the Circuit Court for Pulaski county, in the State of Arkansas, to recover the interest due on sundry bonds issued by the State, and which the State had failed to pay according to its contract.

The Constitution of the State provides, that “the General Assembly shall direct by law in what courts and- in what manner suit's may be commenced ágainst the State.” And in pursuance of this provision, a law was accordingly passed; and it is admitted that the present Suit was brought in the proper court, and in the manner authorized by that law.

The suit was instituted in the Circuit Court on the 21st of November, 1854, And after it was brought, and- while it was pending in the Circuit Court, the Legislature .passed an act, which was approved on the 7th of December, 1854, which provided, “that in every case in which suits or any proceedings had been instituted to enforce the collection of any bond or bonds issued by the State, or the interest thereon,- before any judgment or decree should, be rendered, the bonds should be produced'and filed in the office of the clez-k, and not withdrawn until final determination of the suit or proceedings, and full payment of the bonds and all interest thereon; and might then be withdrawn, cancelled, and filed with the State treasurer, by order of the court, but not otherwise.” And the act further provided, that in every case in which any such suit of proceeding had been or might be instituted, the .court should, at the first term after the commencement of the suit or proceeding, whether at law or in equity, or whether by original or cross bill, require the original bond or bonds to be produced and filed; and if that were not done, and the bonds filed and left to remain filed, the court should, on the same day, dismiss the suit, proceeding, or cross bill.

.Afterwards, on the 25th of June, 1855, the State appeared to the suit, by its attorney, and, without pleading to or answering the declaration-of the plaintiff, moved the court to require 1pm-to file immediately in open court the bonds on which the[*529] suit was brought, according to the act of Assembly above mentioned; and if the same were not filed, that the suit be dismissed.

Upon this motion, after argument by counsel, the court passed an order directing the plaintiff to produce and file in court, forthwith, the bonds mentioned and described in the declaration. But he refused to file them, and thereupon the court adjudged that the suit be dismissed, with costs.

This judgment was afterwards affirmed in the Supreme Court .of the State, and this writ of error is brought. tipon the last-mentioned judgment.

The error assigned here is, that the act of December 7,1854, impaired the obligations of the contracts between the State and the plaintiff in error, evidenced by and contained in each of the said bonds, and the endorsement thereon, and was therefore null and void, under the Constitution of the United States.

The objection taken to the validity of the act of Assembly cannot be maintained. It is an act to regulate the proceedings and limit the jurisdiction of its own courts in suits where the State is a party defendant, and nothing more.

It is an established principle of jurisprudence in all civilized nations that the sovereign cannot be sued in its own courts, or in any other, without its consent and permission; but it may, if it thinks proper, waive this privilege, and permit itself to be made a defendant in a suit by individuals, or by another State. And as this permission is altogether voluntary on the part of the sovereignty, it follows that it may prescribe the terms and conditions on which it consents to be sued, and the manner in which the suit shall be conducted, and may withdraw its consent whenever-it may suppose that justice to the public,requires it.

Arkansas, by its Constitution, so far 'waived the privilege of sovereignty as to authorize suits to be instituted against it in its own courts, and délegated. to its General Assembly the power of directing in what courts, and in. what manner, the suit might be commenced. And if the law of 1854 had been passed before the suit was instituted, we do not understand that any objection, would have been made to it. The objection is, that it was passed after this suit was instituted, and contained regulations with Which the plaintiff could not conveniently comply. But the prior law w’as not a contract. It was an ordinary act of legislation, prescribing the conditions upon which the State consented to waive the privilege of sovereignty. It contained no stipulation that these regulations should not be modified afterwards, if, upon experience, it was found that further provisions, were necessary to protect the public interest; and[*530] no such contract can be implied from the law, nor cam this court inquire whether the law operated hardly or unjustly upon the parties whose suits were then pending. That was a question for the consideration of the Legislature. They might have repealed the prior law altogether, and put an end to the jurisdiction of their courts in suits against the State, if they had thought proper tp do so, or prescribe new conditions upon which the suits might still be allowed to proceed. In exercising this latter power, the State violated no contract with the. parties; it merely regulated the proceedings in its own courts, and limited the jurisdiction it had before conferred in suits when the State consented to be a party defendant.

Nor has the State court, in the judgment brought here for review, decided anything but a question of jurisdiction. It has given no decision in relation to the validity of the contract on which the suit is brought, nor the obligations it created, or the rights of parties under it. It has decided, merely, that it has no fight under the laws of the State to try these questions, unless the bonds given by the State are filed. The plaintiff refused to file them pursuant to the order of the court, and the case was thereupon dismissed, for want of jurisdiction in the court to proceed further in the suit. There is evidently nothing in the decision, nor in the act of Assembly under which it was made, which in any degree 'impairs the obligation of the contract, and nothing which will authorize this court to reverse the judgment of the State court.

The writ of error must therefore be dismissed, for want of jurisdiction in this court.

The two cases of William A. Platenius, administrator of James Holford, against the State of Arkansas, in covenant, are the same' in all respects with the one above decided, and must also, for the same reasons, be dismissed for want of jurisdiction.